Default advice please (yep, another thread!)

Jojouk

So,

Over the last year I have been trying to repair my credit and so have been looking on equifax to see the problems.

Problem 1.

In 2008 I took out a catalogue account. Moved out of address in late 2008, account defaulted early 2009. Totally forgot about it all when I moved out, not an excuse, but a reason. Looked on my credit file, and it was there, and contacted the company to arrange clearing the debt, and they referred me to a DCA. After this happened, suddenly an entry from the DCA appeared on my credit file regarding the debt (£128) in ADDITION to the original notice of default, so I had defaulted twice on the same debt. However, the information on it was all incorrect. it states that it defaulted 01/01/2012, 3 years after the original default by the original company.

I contacted Equifax with my concerns, and they contacted the catalogue company, and are still awaiting a reply. This was over a month ago, and they have since said that the entry will be removed from my credit file, as the debt is now owned by the DCA.

So, I called the DCA and queried the default. I said the dates are all wrong, as they are, and queried the existance of this default as it was not correct. The responce that I got was that the DCA's dont get much information when the debts get passed over to them and the default registered on my file is the date that the debt was bought by them.

This is incorrect isnt it?

Problem 2:

Car finance. I had a 4 year agreement, and paid on time every month up until I had a car accident in that car. The car was declared as a Cat D write off, and I claimed on the insurance, but there were issues regarding to any outstanding finance on the car. I was under the impression that the insurance company would pay the finance comapny out of the settlement, which they were going to do, but I stupidly I didnt pay the last monthly installment, thinking that it would be sorted by the insurance. I ended up defaulting on a payment of £290, but then settled it a month later before receiving my insurance settlement.

Do you think that I would stand any chance on asking the default to be removed? due to personal circumstances? I wish I had just paid that last payment!!!

Any advice welcome of course. thanks in advance

Tixy

1 - yes this is wrong. They must use the original default date that the original lender used.

You will need to write to them to get this fixes, they will fob you off and lie on a phone call. Write to them setting out the problem with the file and state that you require them to amend the date to the original date used in accordance with the ICO guidelines on filing a default with the credit reference agencies.

2) How much time between when the final payment was due to be paid and when you actually paid it?
Was that just a month? if so then it would usually be marked just as a missed payment rather than show as that the account had defaulted. If it was just a month late then you could have grounds to contest the entry placed on your file.

Jojouk

Ok, so I have contacted the DCA in problem 1:

In 2008 I took out a catalogue account. Moved out of address in late 2008, account defaulted early 2009. Totally forgot about it all when I moved out, not an excuse, but a reason. Looked on my credit file, and it was there, and contacted the company to arrange clearing the debt, and they referred me to a DCA. After this happened, suddenly an entry from the DCA appeared on my credit file regarding the debt (£128) in ADDITION to the original notice of default, so I had defaulted twice on the same debt. However, the information on it was all incorrect. it states that it defaulted 01/01/2012, 3 years after the original default by the original company.

I contacted Equifax with my concerns, and they contacted the catalogue company, and are still awaiting a reply. This was over a month ago, and they have since said that the entry will be removed from my credit file, as the debt is now owned by the DCA.

So, I called the DCA and queried the default. I said the dates are all wrong, as they are, and queried the existance of this default as it was not correct. The responce that I got was that the DCA's dont get much information when the debts get passed over to them and the default registered on my file is the date that the debt was bought by them.

This is incorrect isnt it?

I sent them this letter:

I am writing in reference to the above named account as detailed above in my credit report from Equifax.

After recently reviewing my credit file, I was concerned to note that your company has placed a "Default" notice against a my credit history.

Further to this I wish to note that I have no recollection of ever receiving such a notice pertaining to defaulting on the account on 01/01/01 and I therefore require you to substantiate this data at your earliest convenience:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.
2. You must supply me with a signed true and certified copy of the original default notice.
3. Any deed of assignment if the debt was sold on.

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

And I got the following responce today:

[FONT=Calibri, sans-serif]Thank you for your recent correspondence.[/FONT]

[FONT=Calibri, sans-serif]I am in receipt of your request for further documentation relating to your account. Please accept this email as confirmation that due to the lack of documentation available to us at this time the decision has been made to close your account. [/FONT]

[FONT=Calibri, sans-serif]If you have any questions please respond by email or telephone us on 01563 554540 where an advisor will be able to assist you.[/FONT]


[FONT=Calibri, sans-serif]So, [/FONT]excelent, they are closing the account. I am concerned as to what will be left on my credit file? If they have no proof of the debt existing in the first place, then why should there be any information at all on the credit file?


I asked them via telephone today what would happen regarding the information regarding the debt on my credit file, and they asked me to ask via email to a different team, and to include a copy of my credit file?



Why would they need a copy of my credit file?


Should I send it to them?


Thanks in advance for any help

Steven_Elliott

Im also interested in this post as , im trying to do the same thing as the Poster

The defaults are all in DCA names but the default dates are all wrong , compared to the defaults of the companys i defaulted with.

How would i go about finding out the original default dates of my accounts as i dont have any paper work relating to the accounts as i have moved many times in the past 5 years.

I want to be careful and not active the 6 years again if i try and contract the leader and find out the correct default date and the correct last payment dates.

Many Thanks

Steven